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4 <br /> <br /> 9. Waiver of Industrial Insurance Immunity. Contractor waives any right of contribution <br />against the City. It is agreed and mutually negotiated that in any and all claims against the City, its agents <br />or employees, the Contractor, a subcontractor, anyone directly or indirectly employed by t he Contractor <br />or subcontractor, or anyone for whose acts any of them may be liable, the defense and indemnification <br />obligations hereunder shall not be limited in any way by any limitation on the amount of damages, <br />compensation, or benefits payable by or for the Contractor or any subcontractor under industrial <br />worker’s compensation acts, disability benefit acts, or other employees’ benefit acts. <br />Contractor’s and City’s signatures hereto indicate specific waiver of Contractor’s industrial insurance <br />immunity in order to fulfill this indemnity. Solely for the purpose of indemnification and defense as <br />provided in this Contract, the Contractor specifically waives any immunity under the State Industrial <br />Insurance Law, Title 51 RCW. The Contractor expressly acknowledges that this waiver of immunity under <br />Title 51 RCW was the subject of mutual negotiation and was specifically entered into pursuant to the <br />provisions of RCW 4.24.115. <br /> <br />10. Repair of Damage. The Contractor agrees to repair and replace all property of th e City <br />and all property of others damaged by it, its employees, subcontractors, suppliers, and agents. <br /> <br />11. Pre-Bid Inspection and Risk of Loss. It is understood that the whole of the work under <br />this Contract is to be done at the Contractor’s risk and that: (1) prior to submitting its proposal or quote, <br />it became familiar with the conditions of the Work and (2) that it assumes the responsibility and risk of <br />all loss or damage to materials or work which may arise from any cause whatsoever prior to completion. <br /> <br /> 12. Headings for Convenience Only. The headings in this document are for convenience only <br />and shall not be used or considered to interpret or construe this document. <br /> <br />13. Effective Date. This Contract is effective as of the date of the last person to sign it and <br />may be executed in multiple counterparts, each of which shall be deemed an original. <br /> <br />[Remainder of Page Intentionally Left Blank; Signature Page Follows]